Sep 14, 2010 9:00am EDT
't want to purchase. when the same lawsuit was filed in virginia, by the attorney general of virginia, ken keusch cuccinelli, that's been on your show, a federal judge in virginia appointed by a democratic president said when the government tried to dismiss the case, you know what, the attorney general of virginia is right, congress has never done this before, she have a -- they have a very strong argument to say it doesn't have this power, i'm not going to dismiss the indicate -- the case. so the passer in florida, a lawsuit, joined by 19 other states, the federal government doesn't reply with an answer, it replies with an appeal to dismiss the lawsuit so, the judge will only dismiss the lawsuit if there's no legal basis for it whatsoever. there is. martha: will it be let's move on to the next step? >> correct. the next step will then be a legal analysis of the history of the commerce clause and whether the constitution was written to give congress this kind of power. for example, suppose the congress declares that the sun causes skin cancer. that would be a reasonable statement to make.
Sep 28, 2010 9:00am EDT
, wisconsin, the state of iowa, and virginia. key battleground states that he won in 2008 and the president using backyard chats at one stop at least in the state of iowa. a college rally tonight in madison, wisconsin. we'll debate that in moments with our panel coming up here. martha: all right, well speaking of those battleground states we have new fox polls out there that show to the president and his fellow democrats have a pretty tough road ahead at least at this point 35 days out when it comes to holding the key senate seats in particular. the trend is threatening their hold on that chamber. molly is live in washington with more on this. good morning to you. >> reporter: good morning. let's look at three of the states that are very important to the white house and the democrats in order to keep a majority in the senate. president obama will be in wisconsin at a democratic rally to try to help russ feingold. although he will not be here. our latest poll shows that russ feingold is trailing russ johnson who owns a plastic company. feingold has 44%, johnston 52%. feingold is a three-term